7/26/2019 Balbin vs. Register of Deeds

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BALBIN V. REGISTER

OF DEEDS

FACTS:

Petitioners Aurelio and Francis Balbin presented to the Ilocos Sur register of

deeds a duplicate copy of the registered owners certificate of title and a deed

of donation inter-vivos, requesting that the latter be annotated on the title.

The registered owner ornelio Balbin appears to ha!e donated inter-

vivos "#$ portion of the land. The register of deeds denied the requested

annotation for being %legally defecti!e or otherwise not sufficient in law.& It

appears that pre!iously annotated in the 'e'orandu' of encu'brances on

the (T are three separate sales earlier e)ecuted by ornelio Balbin in fa!orof Florentino *abayan, +oberto Bra!o and uana *abayan, who each

recei!ed their co-owners duplicate Ts. ainly because these $ co-owners

copies of Ts had not been presented by petitioners, the register of deeds

refused to 'a/e the requested annotation. Petitioners referred the 'atter to

the o''issioner of 0and +egistration, who upheld the action of the

+egister of 1eeds in a resolution.

ISSUE:

2#3 the refusal of the +egister of 1eeds to 'a/e the annotation is proper

HELD:

YES.There being se!eral copies of the sa'e title in e)istence, their integrity

'ay be affected if an encu'brance, or an outright con!eyance, is annotated

on one copy and not on the others. If different copies were per'itted to carry

different annotations, the whole syste' of Torrens registration would cease

to be a!ailable.

Since the property sub4ect of donation is also presu'ed con4ugal, that is,

property of donor ornelio and his deceased wife 3e'esia ina, %there

should first be a liquidation of the partnership before the sur!i!ing spouse

'ay 'a/e such a con!eyance.& Assu'ing the con4ugal nature of the

property, the donation bears on its face an infir'ity which 4ustified the

denial of registration, na'ely, the fact that "#$ portion of the property which

ornelio donated was 'ore than 5 his share, not to say 'ore than what

re'ained of such share after he had sold portions of the sa'e land to $ other

parties.

Pending the resolution of a separate case, wherein ornelios ci!il status,

character of land and !alidity of con!eyances are in issue, the registration

'ay await the outco'e of said case and parties 'ay protect their rights by

filing the proper notices of lis pendens.

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